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Since the state doesn't stick to its own rules and/or intentionally has made them so vague, its not really that simple.
The only morally acceptable position is that it shouldn't be allowed, period. If an armed gang wanted your home to run a brothel, drug den etc., I bet you'd be whistling a different tune. That the gang wears govt colors and claims its for the betterment of all in neighborhood, doesn't change a thing or change make it right.
Exactly so, which is why the case has been accepted at SCOTUS. Private Property Rights, guaranteed by the 5th Amendment's Takings Clause, MUST stand. Local and state courts have been shutting down cases such as these, and that HAS to stop!
Incidentally, in NC (which the OP states as his/her location), the Town of Nags Head had to settle out of court with two private property owners for several million dollars rather than risk an adverse federal court ruling on their violation of the 5th Amendment's Takings Clause. Prior to that, the local and state courts in which the cases were heard had shut down the property owners and oppressed their Constitutional Rights.
The state legislature in Florida just recently sidestepped an adverse federal court ruling in much the same manner when they passed a state law protecting littoral property owners from uncompensated 'Takings.' Privately owned dry sand beach property cannot be used by the public unless a specific public use easement is granted and the property owners are compensated.
"prohibiting a governmental entity from adopting or keeping in effect certain ordinances and rules based upon customary use"
That should add another hundred billion to the cost of building the wall.
No it wont.
Quote:
The Roosevelt Reservation is a 60-foot (18 m) strip of land on the United States side of the United States-Mexico Border under the jurisdiction of the United States Federal Government.
It was established in a 1907 Presidential Proclamation by Theodore Roosevelt in order to keep the land "free from obstruction as a protection against the smuggling of goods between the United States and Mexico"
Otherwise known as an 'easement'!
That 60' easement is enough to construct a four-lane highway and twelve foot wide wall for our border!
Since the state doesn't stick to its own rules and/or intentionally has made them so vague, its not really that simple.
The only morally acceptible position is that it shouldn't be allowed, period. If an armed gang wanted your home to run a brothel, drug den etc., I bet you'd be whistling a different tune. That the gang wears govt colors and claims its for the betterment of all in neighborhood, doesn't change a thing or change make it right.
My state allows private companies to take land for pipelines. Even if the pipeline is owned by a foreign company.
Now, the gang in control want to seize private land to build a HSR that will be owned by a foreign company. They tell us no tax money will be involved.
As long as the gang in control accesses money designated for paying off toll road bonds to pay the bond interest on sports stadiums, I will not believe a word the say.
It's simple, really... Just abide by the Constitution's 5th Amendment's Takings Clause. If a government 'Takes' privately owned property for public use, they MUST pay the private property owner "just compensation." That is, current fair market value or above
I don't consider forcing a sale at "current fair market value" to be "just compensation."
One of the fundamental principles of property ownership is that you should be able to sell at any price you want, or none at all.
My state allows private companies to take land for pipelines. Even if the pipeline is owned by a foreign company.
"Take?" More details needed.
Quote:
Now, the gang in control want to seize private land to build a HSR that will be owned by a foreign company. They tell us no tax money will be involved.
As long as the gang in control accesses money designated for paying off toll road bonds to pay the bond interest on sports stadiums, I will not believe a word the say.
Exactly WHY such cases need to be heard in federal court, completely bypassing local and state courts which obviously have a conflict of interest.
I do as well. I know none of us would want to be in the position to lose our property and I know it seems unfair, but think of the roads and the businesses we all enjoy that would not be if it wasn't ok. Progress is progress and some things can not always remain the same.
I don't consider forcing a sale at "current fair market value" to be "just compensation."
What about not paying the private property owner anything at all and just asserting some nondescript "customary use" excuse for demanding the public be allowed to trespass upon privately owned land?
What about not paying the private property owner anything at all and just asserting some nondescript "customary use" excuse for demanding the public be allowed to trespass upon privately owned land?
I generally wouldn't support that either, but I'd consider that to be a less egregious infringement on property rights than forcing a sale.
I voted no. I've seen too many cases through the years where the politicians and their crony capitalist buddies use eminent domain for their own benefit at the expense of small businessmen and property owners.
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